Parent of a Child in the UK
The Home Office established the Parent Route under Appendix FM of the Immigration Rules. The ELTRPT section (i.e. Eligibility Leave to Remain as a Parent) is meant for adults (over 18) who have a child in the UK. The child must be settled in the UK or be a British Citizen or must have spent 7 years in the UK continuously. If the child has spent first 8 years in the UK it is accepted that the child has spent formative years of their lives in the UK and its difficult for them to relocate anywhere else as the child will be considered to have established their own private life in the UK.
If the child is living with the parent applying for leave to remain in the UK, they will need to establish that they have sole custody of the child. Sole Custody can be given by a court or the other parent may have passed away or nowhere to be found. Sole custody makes the person a primary carer of the child and makes all decisions in connection with the child’s upbringing.
If the parent of the child does not have sole custody or one parent is not allowing or restricting the other parent from having contact with the child then they should have a court order to show that they have direct access to the child. This can be done by way of applying for a child contact order from the family court.
Alternatively, the parent may have a mutual agreement with the other parent with whom the child lives confirming that the parent applying for leave to remain in the UK has access to the child/ren.
In any event, the parent applying for leave to remain in the UK will need evidence that they have continued to play an active role in the upbringing of the child.
There are no financial requirements to be met by the parent applying under this route. They should be able to maintain and accommodate themselves and any dependents without recourse to public funds. The financial requirement is exempted where paragraph EX1 applies. EX 1 is applicable if the children have aged 7 years or above or a British Citizen and the applicant and the family cannot reasonably relocate.
The parent or parents can apply in this category if they can meet the requirements:
- The child is under the age of 18 years and is in the UK;
- The parent/s play an active role in the child's life;
- If the child is not a British Citizen then the child has spent at least 7 years in the UK;
- If the parents are separated then the other parent has a contact order from the family court;
- It is not reasonable for the child to relocate anywhere else with the parents; and/or
- There is a breach of Human Rights.
Once you have made an application under this category you are granted two and a half years (30 months) stay and can apply for settlement after completing 10 years.
If you are looking to make an application under this category, please contact Visa and Migration Ltd on 02034111261.